Bank Bribery Act and Relevant Guidelines: Unacceptable Practices

Unacceptable Practices under Bank Bribery Act and Guidelines

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Question

Which of the following would NOT be acceptable under the Bank Bribery Act and the relevant guidelines?

Answers

Explanations

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A. B. C. D.

B

The Bank Bribery Act prohibits individuals and entities from offering, giving, soliciting or receiving anything of value to or from bank employees, officers or directors with the intent to influence any action or decision by the institution or individual. The act also applies to foreign officials and international organizations, with certain exceptions.

The relevant guidelines, including those from the Federal Reserve and the Office of the Comptroller of the Currency (OCC), provide further guidance on what constitutes acceptable practices and what might be deemed as a violation of the Bank Bribery Act.

Option B, the gift of a hunting rifle to a loan officer from a borrower at Christmas, would not be acceptable under the Bank Bribery Act and relevant guidelines. This gift could be seen as an attempt to influence the loan officer's decision-making process and could create a conflict of interest. The gift of the rifle could also be perceived as a substantial item of value that could influence the loan officer's actions.

Options A, C, and D could be acceptable under certain circumstances, depending on the specific details and context of the situation. A luncheon paid for by a bank customer after a transaction is closed (Option A) could be acceptable if it is a small, reasonable gesture of appreciation and is not given with the intent to influence the bank's decision-making process. The gift of a gold watch to a loan officer from a customer who is the loan officer's cousin (Option C) could also be acceptable if it is a reasonable gift, given within the context of a personal relationship, and is not intended to influence the loan officer's actions. An award of a writing pen and pencil set to a bank officer by a civic organization (Option D) could be acceptable if it is a small, token gift of appreciation and is not given with the intent to influence the bank's decision-making process.

It is important to note that the acceptability of any gift or gesture under the Bank Bribery Act and relevant guidelines will depend on the specific circumstances and context of the situation, including the nature and value of the gift, the relationship between the parties involved, and the intent behind the gift. It is also important for banks and their employees to have clear policies and procedures in place to help identify and avoid potential conflicts of interest and violations of the Bank Bribery Act.